8-1012. Preliminary screening test of breath for alcohol concentration; request by officer, reasonable suspicion; notice required; refusal to take test is traffic infraction; use of results of test; a
8-1012
8-1012. Preliminary screening test of breath for
alcohol
concentration; request by officer, reasonable suspicion; notice required;
refusal to
take test is traffic infraction; use of results of test; additional
tests.
(a) Any person who operates or attempts to operate a vehicle within this
state is deemed to have given consent to submit to a preliminary screening test
of the person's breath subject to the provisions set out in subsection (b).
(b) A law enforcement officer may request a person who is operating
or attempting to operate a vehicle within this state to submit to a
preliminary screening test of the person's breath to determine the alcohol
concentration of the person's breath if the officer has reasonable
suspicion to believe the person
has been
operating or attempting to operate a vehicle while under the influence of
alcohol or drugs or both alcohol and drugs.
(c) At the time the test is requested, the person shall
be given oral notice that: (1) There is no right to consult with an
attorney regarding whether to submit to testing; (2) refusal to submit to
testing is a traffic infraction; and (3) further testing may be required
after the preliminary screening test. Failure to provide the notice shall
not be an issue or defense in any action. The law enforcement officer then
shall request the person to submit to the test.
(d) Refusal to take and
complete the test as requested is a traffic infraction. If the person
submits to the test, the results shall be used for the purpose of assisting
law enforcement officers in determining whether an arrest should be made
and whether to request the tests authorized by K.S.A. 8-1001 and amendments
thereto. A law enforcement officer may arrest a person based in whole or in
part upon the results of a preliminary screening test. Such results shall
not be admissible in any civil or criminal action concerning the operation
of or attempted operation of a vehicle except to aid the court
or hearing officer in determining a challenge to the validity of the arrest
or the validity of the request to submit to a test pursuant to K.S.A.
8-1001 and amendments thereto. Following the preliminary screening test,
additional tests may be requested pursuant to K.S.A. 8-1001 and amendments
thereto.
History: L. 1986, ch. 40, § 1;
L. 1993, ch. 259, § 4;
L. 2005, ch. 172, § 3;
L. 2006, ch. 173, § 2;
L. 2006, ch. 211, § 1; July 1.